- exploring the relative harms to the applicant and respondent, as well as the interests of the public at large.
Applications are typically handled on "paper;" that is, there are normally no hearings or oral arguments. Applications and any related papers submitted to the Court are filed with the Clerk's Office and forwarded to the Justices. A Justice need not be physically present in the Court building in order to act on an application, although there are instances in which the Circuit Justice cannot be reached. In that case, the application is referred to the next junior Justice.
The Circuit Justice may act on an application alone or refer it to the full Court for consideration. The fact that an application has been referred to the full Court may not be known publicly until the Court acts on the application and the referral is noted in the Court's order. Applications for stays in capital cases are often, though not always, referred to the full Court. If an application is referred, the Justices do not meet officially or publicly, but confer, sometimes by phone, or through the exchange of memoranda.
Once the full Court has acted on an application, the application is closed and there is no further opportunity to request the same relief.
If the full Court acts on an application, five Justices must agree in order for the Court to grant a stay, but the votes of only four Justices are required to grant certiorari. Quite often an application will request a stay from the Court pending the timely filing and disposition by this Court of the party's petition for writ of certiorari.
There are several possible scenarios for the disposition of an application:
